Practice and Procedure

R (on the application of WELLINGTON) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2008)

PUBLISHED December 10, 2008
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[2008] UKHL 72

The test of what constituted inhuman or degrading punishment within the meaning of the European Convention on Human Rights 1950 art.3 differed depending on whether what was being considered was a punishment to be imposed in the United Kingdom, or that to be imposed in a requesting country following extradition. In the latter case, art.3 was applicable only in an attenuated form, and successful reliance on it demanded the presentation of a very strong case.

HL (Lord Hoffmann, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood)

10/12/2008

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